European Arrest Warrant Act 2003

Postponement of surrender.

18

F48 [ 18. (1) The High Court may direct that the surrender of a person to whom an order under subsection (1) or (2) of section 15 or subsection (1) or (2) of section 16 applies be postponed in accordance with this section where

( a ) the High Court is satisfied that circumstances exist that would warrant that postponement, on humanitarian grounds, including that a manifest danger to the life or health of the person concerned would likely be occasioned by his or her surrender to the issuing state,

( b ) the person is being proceeded against for an offence in the State, or

( c ) the person has been sentenced to a term of imprisonment for an offence and is required to serve all or part of that term of imprisonment in the State.

(2) The postponement shall continue until the High Court makes an order under subsection (4) .

(3) Where the High Court decides to postpone a person s surrender under this section, it shall remand the person in custody or on bail and, for that purpose, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence.

(4) The High Court shall make an order ending the postponement of surrender

( a ) where paragraph (a) of subsection (1) applies, when the High Court is satisfied that the circumstances referred to in that paragraph no longer exist,

( b ) where paragraph (b) of subsection (1) applies, when the High Court is satisfied that the proceedings in respect of the offence concerned have been finally determined (where the person concerned is not required to serve a term of imprisonment), or

( c ) where paragraph (c) of subsection (1) applies, when the High Court is satisfied that the person concerned is no longer required to serve any part of the term of imprisonment concerned.

(5) Section 15 or 16 , as the case may be, shall apply to the person concerned as of the date of the order under subsection (4) as though that order were an order made under subsection (1) or (2) of section 15 or (1) or (2) of section 16 , as the case may be. ]

Annotations:

Amendments:

F48

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 11, commenced on enactment.

Editorial Notes:

E24

Previous affecting provisions: subs. (3) substituted and subs. (4) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 13(a), (b), S.I. No. 330 of 2009; section substituted as per F-note above.

E25

Previous affecting provision: subs. (2A) inserted (8.03.2019) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 77, commenced on enactment, subject to transitional provision in s. 68; section substituted as per F-note above.